Restoration of Driving Privilege

Petition for Restoration of Driving Privilege

Any person declared to be a habitual offender or whose license to operate a motor vehicle has been revoked in the Commonwealth of Virginia may, after expiration of the applicable statutory period, petition the Court in which he or she was found to be a habitual offender or the Circuit Court of the county in which he or she resides to restore his or her privilege to drive a motor vehicle in the Commonwealth of Virginia.

You must be eligible to file a Petition for Restoration or Restricted License. To determine if you are eligible to file, please refer to your Division of Motor Vehicles transcript. Upon filing your petition, a hearing may not be scheduled until at least 30 days have passed from the date the petition was filed and served on both DMV and the Commonwealth Attorney.

The Petitioner is responsible for making sure that the documents are complete and in the proper jurisdiction when filed with the Clerk. You are strongly encouraged to hire an attorney to represent your interests. The Clerk’s Office in not responsible for determining which form must not be utilized in filing your petition nor in which jurisdiction the petition must be filed.

Virginia Code Reference:

Habitual Offender:

  • § 46.2-358
  • § 46.2-359
  • § 46.2-360
  • § 46.2-361

 DWI-Third Offense:

  • § 46.2-391